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November 18, 2011

Joint Infringement

En banc oral arguments about a pair of Federal Circuit cases are being closely watched by the biopharma industry. Stakeholders are seeking clearer direction on when patents can be considered jointly infringed. Earlier this year, separate Federal Circuit panels held there was no viable legal theory to support findings that defendants in the two cases engaged in joint infringement, despite a contractual relationship in Akamai Technologies, Inc. v. Limelight Networks, Inc. and a doctor/patient relationship in McKesson Technologies Inc. v. Epic System Corp. More information can be found here. BIO, PhRMA, and Myriad Genetics support the plaintiffs, Akamai and McKesson, and assert that current stipulations of joint infringement could be detrimental to personalized medicine.

Do you think the en banc arguments will change the standing infringement decisions for the Akamai and McKesson cases?

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